Appellate Division of the Supreme Court of the State of New York October 19, 1995 (People v. Hill)

—White, J.

Appeal, by permission, from an order of the County Court of Greene County (Battisti, Jr., J.), entered September 7, 1994, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of criminal possession of a controlled substance in the second degree, without a hearing.